Full Text of SB2402 95th General Assembly
SB2402sam002 95TH GENERAL ASSEMBLY
|
Sen. Iris Y. Martinez
Filed: 4/2/2008
|
|
09500SB2402sam002 |
|
LRB095 19509 NHT 48839 a |
|
| 1 |
| AMENDMENT TO SENATE BILL 2402
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 2402, AS AMENDED, | 3 |
| by replacing everything after the enacting clause with the | 4 |
| following:
| 5 |
| "Section 5. The School Code is amended by changing Section | 6 |
| 27A-4 as follows:
| 7 |
| (105 ILCS 5/27A-4)
| 8 |
| Sec. 27A-4. General Provisions.
| 9 |
| (a) The General Assembly does not intend to alter or amend | 10 |
| the provisions
of any court-ordered desegregation plan in | 11 |
| effect for any school district. A
charter school shall be | 12 |
| subject to all federal and State laws and
constitutional | 13 |
| provisions prohibiting discrimination on the basis of
| 14 |
| disability, race, creed, color, gender, national origin, | 15 |
| religion, ancestry,
marital status, or need for special | 16 |
| education services.
|
|
|
|
09500SB2402sam002 |
- 2 - |
LRB095 19509 NHT 48839 a |
|
| 1 |
| (b) The total number of charter schools operating under | 2 |
| this Article at any
one time shall not exceed 100 60 . Not more | 3 |
| than 30 charter
schools
shall operate at any one time in any | 4 |
| city having a population exceeding
500,000; not more than 15
| 5 |
| charter schools shall operate at any one time in the counties | 6 |
| of DuPage, Kane,
Lake, McHenry, Will, and that portion of Cook | 7 |
| County that is located outside a
city having a population | 8 |
| exceeding 500,000, with not more than one
charter school that | 9 |
| has been initiated by a board of education, or
by an | 10 |
| intergovernmental agreement between or among boards of | 11 |
| education,
operating at any one time in the school district | 12 |
| where the charter school is
located; and not more than 15 | 13 |
| charter
schools shall operate at any one time in the remainder | 14 |
| of the State, with not
more than one charter school that
has | 15 |
| been initiated by a board of education, or
by an | 16 |
| intergovernmental agreement between or among boards of | 17 |
| education,
operating at any one
time in the school district | 18 |
| where the charter school is located.
| 19 |
| For purposes of implementing this Section, the State Board | 20 |
| shall assign a
number to each charter submission it receives | 21 |
| under Section 27A-6 for its
review and certification, based on | 22 |
| the chronological order in which the
submission is received by | 23 |
| it. The State Board shall promptly notify local
school boards | 24 |
| when the maximum numbers of certified charter schools | 25 |
| authorized
to operate have been reached.
| 26 |
| (c) No charter shall be granted under this Article that |
|
|
|
09500SB2402sam002 |
- 3 - |
LRB095 19509 NHT 48839 a |
|
| 1 |
| would convert any
existing private, parochial, or non-public | 2 |
| school to a charter school.
| 3 |
| (d) Enrollment in a charter school shall be open to any | 4 |
| pupil who resides
within the geographic boundaries of the area | 5 |
| served by the local school board, provided that the board of | 6 |
| education in a city having a population exceeding 500,000 may | 7 |
| designate attendance boundaries for no more than one-third of | 8 |
| the charter schools permitted in the city if the board of | 9 |
| education determines that attendance boundaries are needed to | 10 |
| relieve overcrowding or to better serve low-income and at-risk | 11 |
| students. Students residing within an attendance boundary may | 12 |
| be given priority for enrollment, but must not be required to | 13 |
| attend the charter school.
| 14 |
| (e) Nothing in this Article shall prevent 2 or more local | 15 |
| school boards from
jointly
issuing a charter to a single shared | 16 |
| charter school, provided that all of the
provisions of this | 17 |
| Article are met as to those local school boards.
| 18 |
| (f) No local school board shall require any employee of the | 19 |
| school district
to be employed in a charter school.
| 20 |
| (g) No local school board shall require any pupil residing | 21 |
| within the
geographic boundary of its district to enroll in a | 22 |
| charter school.
| 23 |
| (h) If there are more eligible applicants for enrollment in | 24 |
| a charter school
than there are spaces available, successful | 25 |
| applicants shall be selected by
lottery. However, priority | 26 |
| shall be given to siblings of pupils enrolled in
the charter |
|
|
|
09500SB2402sam002 |
- 4 - |
LRB095 19509 NHT 48839 a |
|
| 1 |
| school and to pupils who were enrolled in the charter school | 2 |
| the
previous school year, unless expelled for cause, and | 3 |
| priority may be given to pupils residing within the charter | 4 |
| school's attendance boundary, if a boundary has been designated | 5 |
| by the board of education in a city having a population | 6 |
| exceeding 500,000. Dual enrollment at both a
charter school and | 7 |
| a public school or non-public school shall not be allowed.
A | 8 |
| pupil who is suspended or expelled from a charter school shall | 9 |
| be deemed to
be suspended or expelled from the public schools | 10 |
| of the school district in
which the pupil resides.
| 11 |
| (i) (Blank).
| 12 |
| (j) Notwithstanding any other provision of law to the | 13 |
| contrary, a
school district in a city having a population | 14 |
| exceeding 500,000 shall not
have a duty to collectively bargain | 15 |
| with an exclusive representative of its
employees over | 16 |
| decisions to grant or deny a charter school proposal
under | 17 |
| Section 27A-8 of this Code, decisions to renew or revoke a | 18 |
| charter
under Section 27A-9 of this Code, and the impact of | 19 |
| these decisions,
provided that nothing in this Section shall | 20 |
| have the effect of negating,
abrogating, replacing, reducing, | 21 |
| diminishing, or limiting in any way
employee rights, | 22 |
| guarantees, or privileges granted in Sections 2, 3, 7, 8,
10, | 23 |
| 14, and 15 of the Illinois Educational Labor Relations Act.
| 24 |
| (Source: P.A. 92-16, eff. 6-28-01; 93-3, eff. 4-16-03; 93-861, | 25 |
| eff. 1-1-05.)
|
|
|
|
09500SB2402sam002 |
- 5 - |
LRB095 19509 NHT 48839 a |
|
| 1 |
| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.".
|
|